Public Act 102-0559
 
SB2454 EnrolledLRB102 12004 RAM 17340 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
 
    (5 ILCS 140/7.5)
    Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
        (a) All information determined to be confidential
    under Section 4002 of the Technology Advancement and
    Development Act.
        (b) Library circulation and order records identifying
    library users with specific materials under the Library
    Records Confidentiality Act.
        (c) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other
    records prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (d) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (e) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (h) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act, and
    records of any lawfully created State or local inspector
    general's office that would be exempt if created or
    obtained by an Executive Inspector General's office under
    that Act.
        (i) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a
    local emergency energy plan ordinance that is adopted
    under Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution
    of surcharge moneys collected and remitted by carriers
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information
    or driver identification information compiled by a law
    enforcement agency or the Department of Transportation
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (m) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (n) Defense budgets and petitions for certification of
    compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the
    Capital Crimes Litigation Act. This subsection (n) shall
    apply until the conclusion of the trial of the case, even
    if the prosecution chooses not to pursue the death penalty
    prior to trial or sentencing.
        (o) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Department of Transportation under Sections 2705-300 and
    2705-616 of the Department of Transportation Law of the
    Civil Administrative Code of Illinois, the Regional
    Transportation Authority under Section 2.11 of the
    Regional Transportation Authority Act, or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act.
        (q) Information prohibited from being disclosed by the
    Personnel Record Review Act.
        (r) Information prohibited from being disclosed by the
    Illinois School Student Records Act.
        (s) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (t) All identified or deidentified health information
    in the form of health data or medical records contained
    in, stored in, submitted to, transferred by, or released
    from the Illinois Health Information Exchange, and
    identified or deidentified health information in the form
    of health data and medical records of the Illinois Health
    Information Exchange in the possession of the Illinois
    Health Information Exchange Office due to its
    administration of the Illinois Health Information
    Exchange. The terms "identified" and "deidentified" shall
    be given the same meaning as in the Health Insurance
    Portability and Accountability Act of 1996, Public Law
    104-191, or any subsequent amendments thereto, and any
    regulations promulgated thereunder.
        (u) Records and information provided to an independent
    team of experts under the Developmental Disability and
    Mental Health Safety Act (also known as Brian's Law).
        (v) Names and information of people who have applied
    for or received Firearm Owner's Identification Cards under
    the Firearm Owners Identification Card Act or applied for
    or received a concealed carry license under the Firearm
    Concealed Carry Act, unless otherwise authorized by the
    Firearm Concealed Carry Act; and databases under the
    Firearm Concealed Carry Act, records of the Concealed
    Carry Licensing Review Board under the Firearm Concealed
    Carry Act, and law enforcement agency objections under the
    Firearm Concealed Carry Act.
        (w) Personally identifiable information which is
    exempted from disclosure under subsection (g) of Section
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure
    under Section 5-1014.3 of the Counties Code or Section
    8-11-21 of the Illinois Municipal Code.
        (y) Confidential information under the Adult
    Protective Services Act and its predecessor enabling
    statute, the Elder Abuse and Neglect Act, including
    information about the identity and administrative finding
    against any caregiver of a verified and substantiated
    decision of abuse, neglect, or financial exploitation of
    an eligible adult maintained in the Registry established
    under Section 7.5 of the Adult Protective Services Act.
        (z) Records and information provided to a fatality
    review team or the Illinois Fatality Review Team Advisory
    Council under Section 15 of the Adult Protective Services
    Act.
        (aa) Information which is exempted from disclosure
    under Section 2.37 of the Wildlife Code.
        (bb) Information which is or was prohibited from
    disclosure by the Juvenile Court Act of 1987.
        (cc) Recordings made under the Law Enforcement
    Officer-Worn Body Camera Act, except to the extent
    authorized under that Act.
        (dd) Information that is prohibited from being
    disclosed under Section 45 of the Condominium and Common
    Interest Community Ombudsperson Act.
        (ee) Information that is exempted from disclosure
    under Section 30.1 of the Pharmacy Practice Act.
        (ff) Information that is exempted from disclosure
    under the Revised Uniform Unclaimed Property Act.
        (gg) Information that is prohibited from being
    disclosed under Section 7-603.5 of the Illinois Vehicle
    Code.
        (hh) Records that are exempt from disclosure under
    Section 1A-16.7 of the Election Code.
        (ii) Information which is exempted from disclosure
    under Section 2505-800 of the Department of Revenue Law of
    the Civil Administrative Code of Illinois.
        (jj) Information and reports that are required to be
    submitted to the Department of Labor by registering day
    and temporary labor service agencies but are exempt from
    disclosure under subsection (a-1) of Section 45 of the Day
    and Temporary Labor Services Act.
        (kk) Information prohibited from disclosure under the
    Seizure and Forfeiture Reporting Act.
        (ll) Information the disclosure of which is restricted
    and exempted under Section 5-30.8 of the Illinois Public
    Aid Code.
        (mm) Records that are exempt from disclosure under
    Section 4.2 of the Crime Victims Compensation Act.
        (nn) Information that is exempt from disclosure under
    Section 70 of the Higher Education Student Assistance Act.
        (oo) Communications, notes, records, and reports
    arising out of a peer support counseling session
    prohibited from disclosure under the First Responders
    Suicide Prevention Act.
        (pp) Names and all identifying information relating to
    an employee of an emergency services provider or law
    enforcement agency under the First Responders Suicide
    Prevention Act.
        (qq) Information and records held by the Department of
    Public Health and its authorized representatives collected
    under the Reproductive Health Act.
        (rr) Information that is exempt from disclosure under
    the Cannabis Regulation and Tax Act.
        (ss) Data reported by an employer to the Department of
    Human Rights pursuant to Section 2-108 of the Illinois
    Human Rights Act.
        (tt) Recordings made under the Children's Advocacy
    Center Act, except to the extent authorized under that
    Act.
        (uu) Information that is exempt from disclosure under
    Section 50 of the Sexual Assault Evidence Submission Act.
        (vv) Information that is exempt from disclosure under
    subsections (f) and (j) of Section 5-36 of the Illinois
    Public Aid Code.
        (ww) Information that is exempt from disclosure under
    Section 16.8 of the State Treasurer Act.
        (xx) Information that is exempt from disclosure or
    information that shall not be made public under the
    Illinois Insurance Code.
        (yy) Information prohibited from being disclosed under
    the Illinois Educational Labor Relations Act.
        (zz) Information prohibited from being disclosed under
    the Illinois Public Labor Relations Act.
        (aaa) Information prohibited from being disclosed
    under Section 1-167 of the Illinois Pension Code.
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
eff. 7-7-20.)
 
    Section 10. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2705-300 and by adding Section 2705-616 as follows:
 
    (20 ILCS 2705/2705-300)  (was 20 ILCS 2705/49.18)
    Sec. 2705-300. Powers concerning mass transportation. The
Department has the power to do the following:
        (1) Advise and assist the Governor and the General
    Assembly in formulating (i) a mass transportation policy
    for the State, (ii) proposals designed to help meet and
    resolve special problems of mass transportation within the
    State, and (iii) programs of assistance for the
    comprehensive planning, development, and administration of
    mass transportation facilities and services.
        (2) Appear and participate in proceedings before any
    federal, State, or local regulatory agency involving or
    affecting mass transportation in the State.
        (3) Study mass transportation problems and provide
    technical assistance to units of local government.
        (4) Encourage experimentation in developing new mass
    transportation facilities and services.
        (5) Recommend policies, programs, and actions designed
    to improve utilization of mass transportation services.
        (6) Cooperate with mass transit districts and systems,
    local governments, and other State agencies in meeting
    those problems of air, noise, and water pollution
    associated with transportation.
        (7) Participate fully in a statewide effort to improve
    transport safety, including, as the designated State
    agency responsible for overseeing the safety and security
    of rail fixed guideway public transportation systems in
    compliance with 49 U.S.C. 5329 and 49 U.S.C. 5330: .
            (A) developing, adopting, and implementing a
        system safety program standard and procedures meeting
        the compliance requirements of 49 U.S.C. 5329 and 49
        U.S.C. 5330, as now or hereafter amended, for the
        safety and security of rail fixed guideway public
        transportation systems within the State; and
            (B) establishing procedures in accordance with 49
        U.S.C. 5329 and 49 U.S.C. 5330 to review, approve,
        oversee, investigate, audit, and enforce all other
        necessary and incidental functions related to the
        effectuation of 49 U.S.C. 5329 and 49 U.S.C. 5330, or
        other federal law, pertaining to public transportation
        oversight. The Department may contract for the
        services of a qualified consultant to comply with this
        subsection.
        The security portion of the system safety program,
    investigation reports, surveys, schedules, lists, or data
    compiled, collected, or prepared by or for the Department
    under this subsection shall not be subject to discovery or
    admitted into evidence in federal or State court or
    considered for other purposes in any civil action for
    damages arising from any matter mentioned or addressed in
    such reports, surveys, schedules, lists, data, or
    information. Except for willful or wanton conduct, neither
    the Department nor its employees, nor the Regional
    Transportation Authority, nor the St. Clair County Transit
    District, nor any mass transit district nor service board
    subject to this Section, nor their respective directors,
    officers, or employees, shall be held liable in any civil
    action for any injury to or death of any person or loss of
    or damage to property for any act, omission, or failure to
    act under this Section or 49 U.S.C. 5329 or 49 U.S.C. 5330
    as now or hereafter amended.
        (8) Conduct by contract or otherwise technical
    studies, and demonstration and development projects which
    shall be designed to test and develop methods for
    increasing public use of mass transportation and for
    providing mass transportation in an efficient,
    coordinated, and convenient manner.
        (9) Make applications for, receive, and make use of
    grants for mass transportation.
        (10) Make grants for mass transportation from the
    Transportation Fund pursuant to the standards and
    procedures of Sections 2705-305 and 2705-310.
    Nothing in this Section alleviates an individual's duty to
comply with the State Officials and Employees Ethics Act.
(Source: P.A. 91-239, eff. 1-1-00.)
 
    (20 ILCS 2705/2705-616 new)
    Sec. 2705-616. State safety oversight for rail fixed
guideway systems. The Department shall develop, adopt, and
implement a system safety program standard and establish
procedures to comply with 49 U.S.C. 5329 and 49 U.S.C. 5330 as
required under paragraph (7) of Section 2705-300 of the
Department of Transportation Law of the Civil Administrative
Code of Illinois.
 
    Section 15. The Metropolitan Transit Authority Act is
amended by changing Section 9b and by adding Section 9c as
follows:
 
    (70 ILCS 3605/9b)  (from Ch. 111 2/3, par. 309b)
    Sec. 9b. The Authority shall comply with the requirements
imposed upon a Service Board in Sections 4.09(d) and 4.11 of
the Regional Transportation Authority Act and with the
requirements of subsection (b) of Section 2.11 of the Regional
Transportation Authority Act. The Authority shall present
evidence that it has complied with Section 27a of this Act to
the Regional Transportation Authority.
(Source: P.A. 90-273, eff. 7-30-97.)
 
    (70 ILCS 3605/9c new)
    Sec. 9c. State safety oversight for rail fixed guideway
public transportation systems. The Authority shall comply with
the requirements of 49 U.S.C. 5329 and 49 U.S.C. 5330 as
required by the Department of Transportation under paragraph
(7) of Section 2705-300 of the Department of Transportation
Law of the Civil Administrative Code of Illinois.
 
    Section 20. The Regional Transportation Authority Act is
amended by changing Section 2.11 as follows:
 
    (70 ILCS 3615/2.11)  (from Ch. 111 2/3, par. 702.11)
    Sec. 2.11. Safety.
    (a) The Service Boards may establish, enforce and
facilitate achievement and maintenance of standards of safety
against accidents with respect to public transportation
provided by the Service Boards or by transportation agencies
pursuant to purchase of service agreements with the Service
Boards. The provisions of general or special orders, rules or
regulations issued by the Illinois Commerce Commission
pursuant to Section 57 of "An Act concerning public
utilities", approved June 29, 1921, as amended, which pertain
to public transportation and public transportation facilities
of railroads will continue to apply until the Service Board
determines that different standards are necessary to protect
such health and safety.
    (b) (Blank). To the extent required by 49 CFR Part 659 as
now or hereafter amended, the Authority shall develop and
adopt a system safety program standard for the safety of rail
fixed guideway systems and the personal security of the
systems' passengers and employees and shall establish
procedures for safety and security reviews, investigations,
and oversight reporting. The Authority shall require the
applicable Service Boards to comply with the requirements of
49 CFR Part 659 as now or hereafter amended. The Authority may
contract for the services of a qualified consultant to comply
with this subsection.
    (c) The security portion of the system safety program,
investigation reports, surveys, schedules, lists, or data
compiled, collected, or prepared by or for the Authority under
this subsection, shall not be subject to discovery or admitted
into evidence in federal or State court or considered for
other purposes in any civil action for damages arising from
any matter mentioned or addressed in such reports, surveys,
schedules, lists, data, or information.
    (d) Neither the Authority nor its directors, officers, or
employees nor any Service Board subject to this Section nor
its directors, officers, or employees shall be held liable in
any civil action for any injury to any person or property for
any acts or omissions or failure to act under this Section or
pursuant to 49 CFR Part 659 as now or hereafter amended.
    (e) Nothing in this Section alleviates an individual's
duty to comply with the State Officials and Employees Ethics
Act.
(Source: P.A. 90-273, eff. 7-30-97.)
 
    (45 ILCS 111/Act rep.)
    Section 25. The Bi-State Transit Safety Act is repealed.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.